| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H036369
|
SJCBC LLC v. Horwedel
Petitioners seeking to rescind nuisance abatement orders need not exhaust administrative remedies where they could not directly initiate hearing under municipal code. |
Government |
|
Dec. 1, 2011 | |
|
B225782
|
Lonely Maiden Productions LLC v. GoldenTree Asset Management LP
Secured lender may foreclose on funds held by payroll company where funds paid by unsecured creditor employers were not held in trust. |
Contracts |
|
Dec. 1, 2011 | |
|
A130421
|
People v. Rivera
Demonstrative evidence of reenactment of strangulation has little probative value where defendant established malice and intent to kill through his own testimony. |
Criminal Law and Procedure |
|
Dec. 1, 2011 | |
|
C065981
|
Nicole H., a Minor
Juvenile court must expeditiously appoint separate guardian ad litem to act on behalf of minor to oversee potential tort claim against county. |
Juveniles |
|
Dec. 1, 2011 | |
|
F062295
|
K.H., a Minor
Juvenile court properly applies exception to adoption based on relative caregivers’ unwillingness to adopt children due to preference for guardianship. |
Juveniles |
|
Dec. 1, 2011 | |
|
07-15763
|
Nordyke v. King
Order |
|
Nov. 30, 2011 | ||
|
10-11113
|
Fuller v. United States
Order |
|
Nov. 30, 2011 | ||
|
D058674
|
The Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel
California jurisdiction exists under amendment to loan agreement, under which tribe expressly waived sovereign immunity and allowed court resolution of disputes. |
Native American Affairs |
|
Nov. 30, 2011 | |
|
B222885
|
Lang v. Roche
Equitable redemption of property purchased by judgment creditor at invalid sale is not affected by Enforcement of Judgments Law’s absolute characterization of such sales. |
Real Property |
|
Nov. 30, 2011 | |
|
C064590
|
People v. Clark
Court errs by giving jury instructions allowing consideration of self-defense only in relation to assault count and not in connection with child abuse count. |
Criminal Law and Procedure |
|
Nov. 30, 2011 | |
|
G044216
|
Kim v. Westmoore Partners Inc.
Plaintiff's failure to set forth valid action in complaint and to offer significant evidence to support damage claims warrants reversal of default judgment. |
Civil Procedure |
|
Nov. 30, 2011 | |
|
B223730
|
People v. Velazquez
Court errs in denying defendant’s motion for acquittal on criminal threat and dissuading witness counts where victim fails to testify during prosecution’s case-in-chief. |
Criminal Law and Procedure |
|
Nov. 30, 2011 | |
|
11-35162
|
Executive Benefits Insurance Agency v. Arkison (In Re Bellingham Insurance Agency Inc.)
Order |
|
Nov. 29, 2011 | ||
|
11-94
|
Southern Union Company v. United States
Order |
|
Nov. 29, 2011 | ||
|
11-199
|
Vasquez v. United States
Order |
|
Nov. 29, 2011 | ||
|
11-204
|
Christopher v. SmithKline Beecham Corp.
Order |
|
Nov. 29, 2011 | ||
|
11-5683
|
Dorsey v. United States
Order |
|
Nov. 29, 2011 | ||
|
11-5721
|
Hill v. United States
Order |
|
Nov. 29, 2011 | ||
|
B227322
|
Summerfield v. Randolph
Attorney’s affidavit, which was filed in foreign court to influence issues pending in California court, qualifies for anti-SLAPP protection. |
Civil Procedure |
|
Nov. 29, 2011 | |
|
S042660
|
People v. Dement
Prosecution’s use of 10 of thirteen peremptory challenges against women does not reveal discernible pattern of gender discrimination. |
Criminal Law and Procedure |
|
Nov. 29, 2011 | |
|
B227558
|
Californians Aware v. Joint Labor/Management Benefits Committee
Committee created for purpose of furthering collective bargaining process between district and unions is exempt from open meetings requirements under Ralph M. Brown Act. |
Labor Law |
|
Nov. 29, 2011 | |
|
B229369
|
Packer v. Superior Court (People)
Denial of motion to dismiss indictment due to grand juror bias is proper where juror, who worked for police, handled items that were not involved in proceedings. |
Criminal Law and Procedure |
|
Nov. 29, 2011 | |
|
C065982
|
People v. Engstrom
Jurors’ interpretation and application of admitted evidence to substitute factor in defense expert’s formula does not constitute juror misconduct. |
Criminal Law and Procedure |
|
Nov. 29, 2011 | |
|
A129089
|
Jones v. Golden Eagle Insurance Corp.
Insurer does not have duty to indemnify claims against bankrupt insured after plaintiffs failed to participate in insurer’s conservancy proceedings. |
Insurance |
|
Nov. 29, 2011 | |
|
10-1468
|
U.S. Trustee v. Tamm (In re Hokulani Square Inc.)
Credit bid does not constitute 'moneys disbursed' for purposes of calculating trustee’s compensation because bid is not commonly used as medium of exchange. |
Bankruptcy |
|
Nov. 28, 2011 | |
|
G045591
|
Frisk v. Superior Court (Northwest Surgical Development Co. Inc.)
Court properly determines peremptory challenge is moot where party making challenge was dismissed from lawsuit before court accepted challenge. |
Civil Procedure |
|
Nov. 28, 2011 | |
|
B225512
|
Malek v. Koshak
Trial court violates due process by imposing restitution order without giving defendant notice and opportunity to be heard on issue. |
Civil Procedure |
|
Nov. 25, 2011 | |
|
B226105
|
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas. |
Environmental Law |
|
Nov. 25, 2011 | |
|
B231779
|
Khodayari v. Mashburn
In legal malpractice action, former criminal defendant must obtain postconviction exoneration and show actual innocence of probation violations resulting from alleged malpractice. |
Attorneys |
|
Nov. 25, 2011 | |
|
H036310
|
Pfeiffer v. City of Sunnyvale City Council (Palo Alto Medical Foundation)
Environmental impact report does not use incorrect traffic baseline for measuring project's traffic impacts where report considered existing and future conditions. |
Environmental Law |
|
Nov. 25, 2011 |